U.S. Bank National Association v. SFR Investments Pool 1 LLC, et al

Filing 34

ORDER. IT IS ORDERED that this case is hereby STAYED. IT IS FURTHER ORDERED that 9 Defendant El Capitan Ranch Landscape Maintenance Association's Motion to Dismiss and 23 Defendant SFR Investments Pool 1 LLC's Motion to Dismiss are DENIED without prejudice. Signed by Judge Richard F. Boulware, II on 7/13/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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U.S. BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR OWNIT MORTGAGE
LOAN TRUST, MORTGAGE LOAN
ASSETBACKED CERTIFICATES,
SERIES 2006-3,

Case No. 2:18-cv-00013-RFB-NJK

ORDER

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Plaintiff,

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vs.

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SFR INVESTMENTS POOL 1, LLC; EL
CAPITAN RANCH LANDSCAPE
MAINTENANCE ASSOCIATION,

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Defendants.

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On April 21, 2017, this Court certified a question of law regarding NRS 116’s notice

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requirement to the Nevada Supreme Court in Bank of N.Y. Mellon v. Star Hill Homeowners Ass’n,

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Case No. 2:16-cv-02561-RFB-PAL, ECF No. 41. The Court finds that the outcome of that decision

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will impact the pending motions in this case. For reasons of judicial economy and to avoid

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inconsistent decisions, the Court will not consider any further motions until the parties have had

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the opportunity to receive and address the Nevada Supreme Court’s opinion on this issue.

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IT IS THEREFORE ORDERED that this case is hereby STAYED.

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IT IS FURTHER ORDERED that Defendant El Capitan Ranch Landscape Maintenance

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Association’s Motion to Dismiss (ECF No. 9) and Defendant SFR Investments Pool 1 LLC’s

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Motion to Dismiss (ECF No. 23) are DENIED without prejudice. The moving party shall have 21

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days from the date of the Nevada Supreme Court’s decision on the certified question to file a

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modified Motion to Dismiss or to file a notice renewing the previously filed motion.

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The opposing party shall have 21 days to respond. The moving party shall have 14 days to
reply.
IT IS FURTHER ORDERED that all other pending motions are DENIED without
prejudice.

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DATED this 13th day of July, 2018.

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______________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRCIT JUDGE

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